[Huck]

We'll never know until our side begins to ask that question. Instead we get moony romanticism about the genius of the founders, even though they created the hulking Titanic. I would think the power should reside outside the federal authority. Set up a system where the state governments decide. Of course, in a confederation, that would go without saying.

I don't have a new design for you, but I'd love to read white papers from Heritage, Cato, et al on the question. It's just that the question doesn't even get asked.

Off the top of my head, subdivide the nation into 6 or 7 districts that have reasonably similar cultures--Northeast, Southeast, Southwest, Mountain, Plains, Midwest, West Coast. Randomly select a state from each region each term to appoint a judge. Let those 7 judges decide constitutional questions for that term. Reappoint judges each term, with required rotation in office.

That would be your supreme court, and only that court would have jurisdiction over constitutional questions.

[Jacquerie]

Set up a system where the state governments decide. Of course, in a confederation, that would go without saying.

So why won't you answer my simple query in #45 about the Confederacy, the form of government you admire?